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Jury Allowed to Consider Testimony on Oral Modification of Lease

By Alan Nochumson
October 26, 2010

In most leases, the landlord and tenant are specifically prohibited from orally modifying the lease. The purpose of such a prohibition is to protect them against a “he said, she said” scenario.

However, a decision recently handed down by the U.S. District Court for the Middle District of Pennsylvania in Sabatini v. Its Amore Corp., Civil Action No. 3:CV-05-2586, appeal filed in the Third U.S. Circuit Court of Appeals on June 10, 2010, illustrates how such a provision may be waived through the conduct of the parties.

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